[2014] KEHC 6371 (KLR)

[2014] KEHC 6371 (KLR)

The court found that the petitioner had established, on a balance of probabilities, the matrimonial offences of desertion, cruelty, and adultery. The evidence was uncontroverted as the respondent did not appear or contest the petition. The court was satisfied that the marriage had irretrievably broken down, with the parties separated for over three years and no possibility of reconciliation. Accordingly, the court granted the petition for divorce and ordered the dissolution of the marriage.

Citation
[2014] KEHC 6371 (KLR)
Parties
Petitioner: D.N.F; Respondent: B.K.M
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
7 February 2014
Case Number
Divorce Cause 65 of 2012
Procedural Posture
Divorce Cause / Judgment
Outcome
petition granted; marriage dissolved
Judges
LK Kimaru
Legal Topics
Divorce, Matrimonial Offences, Adultery, Cruelty, Desertion
Source Language
English
Family and Children Divorce Matrimonial Offences Adultery Cruelty Desertion

Case Brief

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Parties

D.N.F

Petitioner

B.K.M

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the petitioner has established grounds for divorce under the Marriage Act.
  2. 2 Whether the marriage has irretrievably broken down due to desertion, cruelty, and adultery.

Ratio Decidendi

The court found that the petitioner had established, on a balance of probabilities, the matrimonial offences of desertion, cruelty, and adultery. The evidence was uncontroverted as the respondent did not appear or contest the petition. The court was satisfied that the marriage had irretrievably broken down, with the parties separated for over three years and no possibility of reconciliation. Accordingly, the court granted the petition for divorce and ordered the dissolution of the marriage.

Court Disposition

petition granted; marriage dissolved

Orders

  • The marriage celebrated on 24th January 2007 at the Registrar’s Office in Nairobi between the petitioner and the respondent is hereby dissolved.
  • Decree nisi dissolving the said marriage is hereby issued.